These regulations establish emissions limits and permitting and operational requirements for facilities that may contribute to air emissions. General air quality standards and standards for specific contaminants are listed. The regulations list activities that are exempt from these permitting requirements and identify emissions standards for specific sources. The regulations also describe several budget trading programs active in New York State, including programs for NOx, SO2, and CO2 trading.

In August of 2009 Governor David A. Paterson signed Executive Order No. 24 setting a goal to reduce greenhouse gas emissions in New York State by 80 percent below the levels emitted in 1990 by the year 2050. The Executive Order also created the New York Climate Action Council (CAC) with a directive to prepare a draft Climate Action Plan by September 30, 2010. The Climate Action Plan will assess how all economic sectors can reduce greenhouse gas (GHG) emissions and adapt to climate change. The Plan will also identify the extent to which such actions support New York’s goals for a clean energy economy.
The CAC will draw on several advisory panels including an Integration Advisory Panel (IAP) made up of New Yorkers who will provide advice and assist the CAC in evaluating the best methods to achieve the Governor's GHG reduction goals and prepare New York communities and natural resources for the impacts of climate change. CAC representatives and IAP members will participate in Technical Work Groups (TWGs) representing the key sectors of the states' economy. Four technical work groups will focus on "mitigation" -- ways to reduce greenhouse gas emissions. A fifth TWG will address "adaptation" -- measures that will safeguard public health, the environment, and infrastructure from expected climatic changes. The work of the TWGs will inform the decision making of the CAC and the New York Climate Action Plan. In addition, the 2050 Visioning Advisory Panel will offer guidance and long-term perspective to the CAC, TWGs, and IAP on key design options available to achieve the Executive Order’s goal of a low-carbon, climate-change-resilient New York State by year 2050.

Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses.
State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.

The Delaware River Basin Commission (DRBC) is a federal-interstate compact government agency that was formed by concurrent legislation enacted in 1961 by the United States and the four basin states (Pennsylvania, New York, New Jersey, and Delaware). Its five members include the basin state governors and the Division Engineer, North Atlantic Division, U.S. Army Corps of Engineers, who serves as the federal representative. The commission has legal authority over both water quality and water quantity-related issues throughout the basin.

Much of the new drilling interest taking place in northeastern Pennsylvania and southern New York is targeted at reaching the natural gas found in the Marcellus Shale formation, which underlies about 36 percent of the Delaware River Basin.

In connection with natural gas drilling, the commission has identified three major areas of concern:

1) Gas drilling projects in the Marcellus Shale or other formations may have a substantial effect on the water resources of the basin by reducing the flow in streams and/or aquifers used to supply the significant amounts of fresh water needed in the natural gas mining process.
2) On-site drilling operations may potentially add, discharge or cause the release of pollutants into the ground water or surface water.
3) The recovered "frac water" must be treated and disposed of properly.

While the Delaware River itself is un-dammed, there are 13 dams within the basin that feed into the river. The Commission holds authority to approve any project that will have a substantial effect on the water resources of the basin.

The Commission also has approval authority over energy projects that need to draw water from the basin, including coal plants, biomass plants, and natural gas extraction and power plants.

This Act establishes statewide regulations for the management, protection, enhancement and control of land use and development in river areas on all designated wild, scenic and recreational rivers in New York State, except for private land in river areas within the Adirondack Park. The regulations specify that all new land use or development in river areas requires a permit, with some exceptions. The regulations define three classes of rivers (wild, scenic, and recreational) and set management rules specific to each. Some exemptions apply. The regulations specify that no new dams or waterway modifications can be constructed on any wild, scenic, or recreational rivers, and no new construction or operation of hydropower facilities is permitted on wild rivers. New hydropower facilities at existing dams on scenic and recreational rivers are allowed, pending certain requirements.

These regulations address dam safety, define dam hazard categories and inspection procedures, and apply to any owner of a dam. Dam owners are required to maintain dams in a safe condition at all times and to comply with Department inquiries for information on the status of a given dam.

These regulations set forth requirements for the registration of water withdrawals and reporting of water losses from the Great Lakes Basin. The regulations apply to water withdrawals from facilities located in the Great Lakes basin in excess of 100,000 gallons per day averaged over any consecutive 30-day period and to water withdrawals that result in a water loss from the Great Lakes basin in excess of 2,000,000 gallons per day averaged over any consecutive 30-day period. Facilities which have a valid water supply or transport permit and hydroelectric facilities licensed by the Federal Energy Regulatory Commission are not subject to the registration requirements in these regulations.

These regulations require permits for any activity which directly or indirectly may have a significant adverse effect on the existing condition of any tidal wetland, including but not limited to any form of draining, dredging, excavation and removal, either directly or indirectly; any form of dumping, filling or depositing, either directly or indirectly; erection of any structures or construction of any roads, the driving of any pilings or placing of any other obstructions, whether or not changing the ebb and flow of the tide. The regulations allow only those uses of tidal wetlands and areas adjacent thereto that are compatible with the preservation, protection and enhancement of the present and potential values of tidal wetlands that will protect the public health and welfare, and that will be consistent with the reasonable economic and social development of the State. The regulations list land use guidelines and permit requirements in tidal wetland areas

No person may alter any freshwater wetland or adjacent area without having first submitted an application and obtained an interim permit for the alteration from the department. Some exemptions apply. The regulations list procedures for acquiring permits and procedures used in classifying areas as freshwater wetlands. The Department of Environmental Conservation is responsible for classifying and mapping such areas, with the exception of lands in Adirondack Park, where the Adirondack Park Agency is responsible.

Water releases from New York State reservoirs are subject to monitoring and regulation; these sections establish rules for the Schoharie, Shandaken Tunnel-Esopus Creek, Cannonsville, Pepacton, Neversink, Ashokan, Kensico, Rondout, Croton System (Boyds Corner, West Branch, Bog Brook, East Branch, Middle Branch, Croton Falls, Cross River, Titicus, Amawalk, Muscoot and New Croton), Mongaup System (Toronto, Swinging Bridge, Cliff Lake, Rio), East Sidney Lake, Sleepy Hollow Lake, Cooper Lake, and Sturgeon Pond reservoirs. The purpose of regulating such releases of water is to protect and enhance the recreational use of the rivers and streams affected by those releases, while ensuring, and without impairing, an adequate supply of water for power production or for any municipality which uses water from such reservoirs for drinking and other purposes.

These sections describe general standards of water quality and purity as well as standards for specific water bodies (Parts 800-941). The regulations provide classifications for different types of waters and set standards for each. Standards include prohibitions on the discharge of certain substances and “best use” guidelines, as well as criteria for water purity, temperature, and allowable discharges. Part 704 (http://www.dec.ny.gov/regs/4589.html) refers specifically to allowable thermal discharges.

Empire State Development operates the Economic Development Fund, which offers financial assistance to businesses that create or retain business activity and jobs. The program can provide financing and a range of assistance to businesses, municipalities, IDAs, and other economic development organizations, and the funds can be used for working capital, training, equipment, construction, and a variety of other costs.

Up to $10 million in funds is available from NYSERDA to support research and engineering studies, product development and demonstration projects that improve the reliability, efficiency, quality, and overall performance of the electric power delivery system in New York State. The primary objective of the program is to promote the development of a smart grid that accommodates a diverse supply of generation resources, enhances overall grid performance and enables customers to reduce costs, energy consumption, and environmental impacts. Preferred technologies include distributed energy resources integration, grid scale energy storage, and renewable energy integration.

The Employment Incentive Credit is through the New York State Department of Taxation and Finance based on the same qualifying investment for the ITC. The credit is equal to 1.5% to 2.5% of investment based on increased employment over the year prior to investment. The unused credit may be carried forward for 15 years.

The Excelsior Jobs Program provides a tax credit to businesses that make significant capital investments or create jobs in clean-tech and other strategic industries. Businesses may apply for up to 4 new tax credits (jobs tax credit, R&D tax credit, real property tax credit, investment tax credit), and the program costs are capped at $500 million. The credits are based on the number of jobs created, the size of the investment, and the strategic industry.

New York has nearly 19 million acres of forested land, about 63 percent of the states land area. These lands are managed by the State Department of Environmental Conservation. The Department issued its Forest Action Plan in 2010, which includes discussion of sustainable markets and the promotion of forest products for energy uses by focusing on technical assistance, favorable policies and incentives:

New York State is a member of the Regional Greenhouse Gas Initiative, which has implemented a carbon cap and trade system. Each member state determines their own definition of "sustainably harvested biomass", and the New York Department of Environmental Conservation has defined this to restrict forest residues to those from forests which will remain forests long enough to sequester the carbon dioxide released through combustion of the removed biomass:

This chapter regulates natural gas utilities in the State of New York, and describes standards and procedures for gas meters and accessories, gas quality, line and main extensions, transmission and distribution, inspection and maintenance of relevant facilities, rates and charges, and records and reports.

This Act describes the management of the Great Lakes - St. Lawrence River basin, and regulates water withdrawals, diversions, and consumptive uses from the basin. The Act establishes a Council, which is responsible for water conservation and efficiency programs and reviewing proposed projects. Projects which may lead to new or increased water diversions are limited; exceptions are described in this statute. More information can be found on the website of the Council: http://www.glslcompactcouncil.org/

The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives.
The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.

The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.

The Lake George Park Commission is a quasi-independent commission within the Department of Environmental Protection that is responsible for environmental conservation in the Lake George Park area. The Commission has established guideline regulations for local stormwater management. The regulations are designed to prevent any increase in stormwater runoff from any development in order to reduce flooding, siltation and streambank erosion; to prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries and render it unfit for human consumption, interfere with water based recreation or adversely affect aquatic life; and to ensure that the total annual volume of surface water runoff which flows from any specific site during and following development shall not exceed that which prevailed prior to development. The regulations require permits to be obtained prior to development, construction, or land clearing within the Lake George Park and list standards to be followed by current developments. Some exemptions may apply.

NYBDC provides Loans for Refinancing Debt. It can refinance up to 80% of the value of the business’s collateral, and the repayment period is tied to the assets’ viability. The program has a high loan to value ration and a long repayment schedule.

Any proposed construction of distribution lines, service lines, and appurtenant facilities to electric utilities located near scenic areas of statewide significance, including Adirondack park scenic vistas, scenic roads or districts, state and national wild and scenic river areas, areas of exceptional scenic beauty, parks, or state or national historic sites (all of the aforementioned are defined elsewhere as indicated in these regulations), will be evaluated based on its scenic and environmental impact on these surroundings.

Any proposed construction of electricity-related facilities in residential subdivisions, including distribution and service lines and appurtenant facilities, is subject to these regulations, which specify installation standards, procedures regarding connection of existing electric facilities to residential subdivisions, and special conditions.

The New York Sun Competitive Photovoltaic (PV) Program is an expansion of the Renewable Portfolio Standard (RPS) Customer-Sited Tier Regional Program that includes Upstate New York. The New York Sun Competitive PV Program is part of the New York State (NYS) RPS Customer-Sited Tier Program. NYSERDA invites proposals for the installation of customer-sited PV projects in New York Independent System Operator (NYISO) load zones A through J and Renewable Biogas-fueled electric generation projects in NYISO load zones G through J. All systems must be greater than 50 kW. Complete proposals that demonstrate project viability and capability will be competitively selected based on their incentive bid in dollars per kilowatt hour ($/kWh). All Projects must be installed within eight (8) months of the award date.

NYSERDA has expressed support for the development of offshore wind and committed funding to several publicly-available assessments that measure the potential energy benefits and environmental impacts of large-scale offshore wind. NYSERDA encourages interested parties to contact the appropriate NYS agency directly.

The Ohio River Valley Water Sanitation Commission (ORSANCO), was established on June 30, 1948 to control and abate pollution in the Ohio River Basin. ORSANCO is an interstate commission representing eight states and the federal government. ORSANCO operates programs to improve water quality in the Ohio River and its tributaries, including: setting waste water discharge standards; performing biological assessments; monitoring for the chemical and physical properties of the waterways; and conducting special surveys and studies. ORSANCO also coordinates emergency response activities for spills or accidental discharges to the river, and promotes public participation in programs, such as the Ohio River Sweep and the RiverWatchers Volunteer Monitoring Program.
ORSANCO sets Pollution Control Standards for industrial and municipal waste water discharges to the Ohio River, and tracks certain dischargers whose effluent can seriously impact water quality. The standards designate specific uses for the Ohio, and establish guidelines to ensure that the river is capable of supporting these uses. To keep pace with current issues, ORSANCO reviews the standards every three years. As part of the review process, workshops and public hearings are held for public input.

This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in New York as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota) may be lower.

The purpose of this part is to establish a regulatory framework for undertaking an analysis of environmental justice issues associated with the siting of major electric generating facilities in New York State. Environmental justice is defined as the fair treatment and meaningful involvement of all people regardless of race, color, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This part is intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities in environmental justice communities and to reduce disproportionate environmental impacts in overburdened communities, and provides procedures for assessing the environmental justice impact of a proposed electricity generating facility.

These regulations establish standards for protection against ionizing radiation resulting from the disposal and discharge of radioactive material to the environment. The regulations apply to any person who disposes of or discharges licensed material within the State, or whose loss of control of licensed material may result in the disposal or discharge of such material within the State. The disposal of radioactive tailings or wastes produced by the extraction or concentration of uranium or thorium for any ore processed primarily for its source material content, where such tailings or wastes are not regulated by the US Nuclear Regulatory Commission, are subject to these regulations. Some exceptions are listed in the regulations. The regulations describe radiation dose limits and registration and permitting procedures for the discharge of hazardous waste, and distinguish between standard and low-level radioactive waste disposal facilities.

These regulations apply to all solid wastes with the exception of hazardous or radioactive waste. Proposed solid waste processing facilities are required to obtain permits prior to construction, and the regulations provide details about permitting, construction, registration, and operation requirements. The regulations contain specific guidance for land application of pre- and post-processed waste materials, solid waste composting, and liquid storage tanks.

These regulations describe the siting of new industrial hazardous waste facilities located wholly or partially within the State. Industrial hazardous waste facilities are defined as facilities used for the purpose of treating, storing, compacting, recycling, exchanging or disposing of industrial hazardous waste materials, including treatment, compacting, resource recovery or disposal plants, equipment and furnishings thereof used for the storage, treatment, compacting, composting, shredding, converting, utilization, processing, or final disposal of hazardous waste, including but not limited to mechanical, chemical or thermal processing systems, incinerators, sanitary landfills, and other facilities for the storage, reduction or conversion of hazardous waste. All proposed facilities will be reviewed by a facility siting board with regards to specific land use, environmental, and health-relevant criteria, as described in this section.

These regulations prescribe the management of hazardous waste facilities in New York State. They identify and list different types of hazardous wastes and describe standards for generators, transporters, as well as treatment, storage and disposal facilities. The regulations also define specific types of hazardous waste that require special treatment and describe restrictions placed on land disposal of hazardous wastes.

The Regional Revolving Loan Trust Fund Program, coordinated by the Empire State Development program, is operated in six regions by nonprofit organizations and provides working capital loans (up to $75,000 or 50% of the total project cost) and loan guarantees (up to 80% or not to exceed $80,000) to small businesses employing fewer than 100 people. Priority is given to projects which create or retain jobs.

Any person who wishes to construct an electric or gas transmission line that is more than ten miles long must file documents describing the construction plans and potential land use and environmental impacts of the proposed transmission line. The regulations describe application and review procedures, as well as documents that must be submitted with the application.

Any person who wishes to construct a gas transmission line that is less than ten miles long must file documents describing the construction plans and potential land use and environmental impacts of the proposed transmission line. The regulations describe application and review procedures.

These regulations provide permit requirements applicable to proposed projects which may require the disturbance of protected streams; the construction, reconstruction, repair, breaching, or removal of dams; the construction, reconstruction, or repair of docks, piers, wharfs, platforms, breakwaters, and the installation of moorings in, on, or above navigable waters of the State; and excavation or placement of fill in navigable waters.

These regulations provide procedures to propose a reclassification of State waters for permitting purposes. Requests must address the factual basis for reclassification, including the size, depth, surface area covered, volume, direction and rate of flow, stream gradient and temperature of the water; character of the district bordering said waters and its suitability for residential, agricultural, industrial or recreational purposes; the uses which have been made, are being made or may be made, of said waters; and the existing quality of said waters.

These regulations define the role of the Department of Environmental Conservation in administering a regulatory program within identified coastal erosion hazard areas and establish standards for the issuance of coastal erosion management permits by the department. Land use, development and other activities are regulated in coastal areas subject to coastal flooding and erosion to minimize or prevent damage or destruction to manmade property, natural protective features, other natural resources, and to protect human life. New construction or placement of structures is regulated to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources.

No regulated activity or development is allowed to take place on lands used for flood control purposes unless a permit is obtained. These regulations describe provisions for the application, issuance, term, and revocation of such permits.

This section establishes a Bureau of Mineral Resources within the Department of Environmental Conservation, which has the authority to regulate the exploration and mining for oil and gas resources in New York State. The regulations include permitting and reporting requirements for exploration or production well drilling or deepening, well spacing, drilling practices, well plugging and abandonment, secondary recovery and pressure maintenance, and transportation of oil or gas products. Special regulations apply to mining activities located on Bass Island.

These rules apply to all applications for a license or a permit to take, divert, appropriate or otherwise use the waters of the State, except applications for hydro-electric power projects. Applications are reviewed by the Department of Environmental Conservation and by the Superintendent of Public Works.

These regulations aim to prevent the release of hazardous substances into surface water and groundwater resources. They contain guidance for facilities which store and process hazardous substances, including specific rules for the bulk storage and handling of such substances. The regulations also contain information on relevant licenses and permits.

The Sales Tax Exemption applies to the purchase of machinery and equipment, parts, tools, and supplies used or consumed in the production of tangible personal property for sale or in the production of gas, electricity, refrigeration, or steam, for sale; also, purchases of gas or electricity or gas or electric service used to provide gas or electric service
consisting of operating a gas pipeline, an electric transmission line, or a gas or electric distribution line.

Business that do not meet the requirements for standard financing, but are in need of capital, may qualify for NYBDC’s Statewide Empire Zone Program. The Statewide Zone Capital Corporation (SZCC), a privately-owned loan fund, provides financing to businesses located within participating Empire Zones; the loans range from $30,000 to $300,000 and feature below-market interest rates, minimum down payment requirements, and flexible repayment terms. Funds may be used for working capital, real estate, equipment, debt refinancing, and more. NYBDC manages the SZCC.

The New York Business Development Corporation (NYBDC) Loans for Working Capital provides working capital for long-term needs, repayable over three to seven years. The program works with partner banks and other subordinate lenders to structure a loan ranging from $50,000 to $1,500,000.

Withdrawers in the Great Lakes Basin who withdraw water in quantities that average 100,000 gallons per day or more in any 30-day period are required to get a water use permit. Two types of water use permits exist: a general permit is required for withdrawals that average 100,000 gallons per day or more in any 30-day period but do not equal at least 1,000,000 gallons per day for 30 consecutive days. An individual permit is required for withdrawals that equal at least 1,000,000 gallons per day for 30 consecutive days. There are no permit application fees.